MANILA, Philippines — The Olongapo court that earlier issued the release order for US Marine L/Cpl. Joseph Scott Pemberton has directed the Bureau of Corrections to explain whether the American serviceman can avail of the benefits of the Good Conduct and Time Allowance law, a lawyer of slain transgender woman Jennifer said.
The Olongapo Regional Trial Court Branch 74 on Monday held a hearing on the motion for reconsideration filed by the Laude family, urging the court to reverse its September 1 order for Pemberton’s early release following the Good Conduct and Time Allowance law.
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Speaking to reporters after the hearing, lawyer Virginia Suarez said the court also ordered the BuCor to update its computation on the time Pemberton served.
The court, in an order dated September 1, ordered the release of Pemberton after it accounted for the more than 1,000 days of time allowances he supposedly earned for his good behavior while in prison.
Lawyer Romel Bagares, a member of the Laude family's legal team, argued that Pemberton's situation is covered by the Visiting Forces Agreement, which is a treaty and a different modality from other cases. He said there should be a separate agreement on whether the GCTA would apply on his case.
RELATED: Laude family's lawyer: GCTA should not apply on Pemberton's case
But the family of killed transgender woman Jennifer Laude sought to block it and filed an appeal. The Department of Justice, through its prosecution team in Olongapo, is set to file its own motion for reconsideration this week.
Justice Secretary Menardo Guevarra said their appeal will include jurisdictional issues and divergence in the GCTA computation.
DOJ Undersecretary Markk Perete, also department spokesperson, said that while processing of GCTA applications continues, there are some cases that are held in abeyance. These are applications of those charged with a heinous crime, but eventually convicted on a non-heinous offense—including Pemberton’s case.
“There are cases affected by the new IRR (eg those charged with heinous crimes but eventually convicted of non-heinous crimes). As to them, presumptive GCTA is computed but the award is held in abeyance until the issuance of the Manual,” Perete said.
READ: After suspension and call for transparency, government quietly resumes GCTA
Laude family wants to see Pemberton, but agencies pass the buck
Suarez also said that the Laude family wants to see Pemberton and verify if the American serviceman is still imprisoned at the headquarters of the Armed Forces of the Philippines.
“I believe my client will request that to the BuCor and the DOJ, to see Pemberton because we do not know whether Pemberton is there. We haven’t seen him,” Suarez said in a mix of English and Filipino.
Guevarra told reporters that the Laude family may directly inquire with the BuCor on their request. "The BuCor has general rules on visitation. But it may have special rules for US military personnel detained under the VFA, more so during this pandemic," the DOJ chief said.
BuCor spokesperson Gabriel Chaclag, meanwhile said they will confer with DOJ and the Department of Foreign Affairs on this.
Chaclag said they have yet to receive the request from the Laude family, but stressed that visitation privileges are currently suspended due to the pandemic. “There are rules and protocols set by our Health Services and this applies to the Pemberton case,” he added.
He also pointed out that Pemberton is covered by the VFA, “and it is implied we have to consult the DOJ and the DFA on this issue.”
“Our legal department is already doing that,” Chaclag added.
The corrections bureau put on hold the processing of Pemberton’s release pending the court’s resolution of the motion for reconsideration. — with reports from News 5/Marlene Alcaide